Salford City Council (23 019 036)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 25 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Discretionary Hardship Payment because there is no evidence of fault by the Council.
The complaint
- Ms X complains that the Council has unreasonably refused to pay the full amount of Discretionary Hardship Payment she requested.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X decided to move abroad and asked the Council to pay her rent in advance for the property she proposed to rent as a Discretionary Hardship Payment.
- The Council considered her request and the evidence she provided in support. The Council refused to pay as she was already receiving the maximum housing allowance as part of her Universal Credit. Nevertheless, the Council granted a one off payment to pay off her rent arrears.
- Government guidance to Councils confirms that the level of a Discretionary Hardship Payment cannot exceed the weekly housing element of Universal Credit. The Council’s decision is not therefore fault.
- Any decision about Universal Credit or disability benefit can be appealed to a tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal against any such decision.
- The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
- I have considered the steps the organisation took to consider the issue, and the information it took account of when deciding to pay the Discretionary Hardship Payment. I am satisfied that the Council had before it all the evidence and facts provided by Ms X when it made its decision.
- There is no fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.
Investigator's decision on behalf of the Ombudsman